T.C. JOHN @ YOHANNAN (DECEASED) THROUGH LRS. versus V.J. ANTONY AND OTHERS

T.C. JOHN @ YOHANNAN (DECEASED) THROUGH LRS. versus V.J. ANTONY AND OTHERS

The Supreme Court affirmed the High Court's assessment of compensation, held that the appellants are not entitled to interest for the 708-day delay in filing the appeal (attributable to them) but modified the High Court order to allow the appellants interest at the same rate for the period 22.06.2016 to 13.07.2023 because the delay in supplying the paper book by their counsel cannot be imputed to the appellants.

Parties
Appellants Claimants: T.C. John @ Yohannan (Deceased) Through Lrs.; Respondents: V.J. Antony and Others
Jurisdiction
India
Judgment Date
19 December 2024
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal partly allowed.
Legal Topics
Enhancement of Compensation, Interest, Condonation of Delay, Denial of Interest
Motor Vehicle Accident Civil Procedure Enhancement of Compensation Interest Condonation of Delay Denial of Interest

Case Brief

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Parties

T.C. John @ Yohannan (Deceased) Through Lrs.

Appellants Claimants

V.J. Antony and Others

Respondents

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the High Court was justified in denying interest for the period between 22.06.2016 to 13.07.2023 which was the period of delay in supplying the copy of paper book to the standing counsel for the insurance company.
  2. 2 Whether the appellants are entitled to interest for the period of 708 days delay in filing the appeal which was condoned by the High Court.

Ratio Decidendi

The Supreme Court affirmed the High Court's assessment of compensation, held that the appellants are not entitled to interest for the 708-day delay in filing the appeal (attributable to them) but modified the High Court order to allow the appellants interest at the same rate for the period 22.06.2016 to 13.07.2023 because the delay in supplying the paper book by their counsel cannot be imputed to the appellants.

Court Disposition

Appeal partly allowed.

Orders

  • Impugned High Court order modified to the extent that the appellants-claimants shall be entitled to interest at the same rate for the period between 22.06.2016 to 13.07.2023.
  • Appeal partly allowed with no order as to costs.